Tom Devine | |
---|---|
Born | Thomas M. Devine June 21, 1951 Elmwood, Illinois, U.S. |
Education | Georgetown University (BA) Antioch Law School (JD) |
Occupation | Legal Director of Government Accountability Project |
Known for | Whistleblower advocacy |
Notable work | The Corporate Whistleblower's Survival Guide" |
Tom Devine (born June 21, 1951) [1] is an American lawyer, investigator, lobbyist, teacher, and advocate for whistleblower rights. He is currently the legal director at the non-profit Government Accountability Project, in Washington, D.C., [2] where he has worked since 1979. He has assisted more than 7,000 whistleblowers, testified in Congress over 50 times, and has been a leader on the front lines to draft, enact, help to enact, or defend 34 whistleblower laws in the United States and abroad, including nearly all federal laws since 1978 and international rights ranging from former Soviet Bloc nations such as Kosovo, Serbia and Ukraine to the United Nations, World Bank, European Union, and Organization of American States. He is also an adjunct professor at the District of Columbia School of Law, where he teaches classes on and supervises clinical programs in whistleblower protection. [3]
Devine was raised in a working-class family in Elmwood Park, Ill. [2] His late father was an inspector for a phone company. [2] Devine participated in the debate team at Arlington High School and later was an All-American debater at Georgetown University, where he captained the team that set a still unbroken record for tournament championships. [4] He graduated cum laude and was inducted into Phi Beta Kappa. He enrolled in Antioch Law School in 1977 and, while a student, organized a legal clinic which sparked the survival and second generation of the whistleblower support organization, Government Accountability Project. [2] After graduation in 1980, Devine assumed leadership of Government Accountability Project's substantive work, including litigation, investigations, legislative advocacy, media outreach, and grassroots public education.
Devine has been involved in successful campaigns to pass or defend 34 whistleblower laws or policies from the municipal to the international level, including:
He has called for improvements in Canada's whistleblower protection law, which he was quoted as calling “weaker than a cardboard shield” and “more like a tissue paper shield.” [5]
Devine has authored or co-authored more than 45 books, law reviews, newspaper, syndicate, or magazine op-ed articles on First Amendment protection, constitutional torts, civil service law, the False Claims Act, scientific freedom, protection of national forests, meat and poultry inspection, mid-air collisions, nuclear power safety, and the Strategic Defense Initiative, among others. Some select publications include:
Caught Between Conscience and Career: How to Expose Abuses Without Exposing Your Identity, 2019, co-authored with staff from the Project on Government Oversight and Public Employees for Environmental Responsibility. [9]
"The National Security Whistleblower's Tightrope: Legal Rights of Government Employees and Contractors." In Whistleblowers, Leaks, and the Media: The First Amendment and National Security, edited by Ellen Shearer, Paul S. Rosenzweig, and Timothy J. McNulty, 2014. Co-authored with Steven L. Katz [10]
"The Key to Protection: Civil and Employment Law Remedies." International Handbook on Whistleblower Research, 2013. Co-authored with Paul Harpur and David Lewis. [11]
The Corporate Whistleblower's Survival Guide: A Handbook for Committing the Truth (Berrett-Koeler Publishers), 2011. Co-authored with Tarek Maassarani. [12]
"The Whistleblower Protection Act Burdens of Proof: Ground Rules for Credible Free Speech Rights." E-Journal of International and Comparative Labour Studies 2.3 (September–October 2013). [13]
Running the Gauntlet: The Campaign for Credible Corporate Whistleblower Rights. The Government Accountability Project, 2008. Co-authored with Tarek Maassarani. [14]
Challenging the Culture of Secrecy: A Status Report on Freedom of Speech at the World Bank, 2004. [15] "The Whistleblower Statute Prepared for the Organization of American States and the Global Legal Revolution Protecting Whistleblowers." The George Washington International Law Review 857 (2003). Co-authored with Robert G. Vaughn and Keith Henderson. [16]
The Art of Anonymous Activism. Fund for Constitutional Government, with staff from Public Employees for Environmental Responsibility (PEER) and the Project on Government Oversight (POGO), 2002. [17]
"The Whistleblower Protection Act of 1989: Foundation for the Modern Law of Employment Dissent." Administrative Law Journal 51.2 (Spring 1999): 531-579. [18]
"Secrecy and Accountability in Scientific Research." Forum for Allied Research and Public Policy 13.1 (Spring 1998): 65-70.
The Whistleblower Survival Guide: Courage without Martyrdom. Fund for Constitutional Government, 1997. [19]
"Whistleblower Protection—The GAP between the Law and Reality." Howard Law Journal 223 (1988). Co-authored with Donald Aplin. [20]
"Abuse of Authority: The Office of Special Counsel and Whistleblower Protection." Antioch Law Journal 4 (1986) 4: 5-71. Co-authoried with Donald Aplin. [21]
Blueprint for Civil Service Reform, 1976, Fund for Constitutional Government [22]
Whistleblowing is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whistleblowers can use a variety of internal or external channels to communicate information or allegations. Over 83% of whistleblowers report internally to a supervisor, human resources, compliance, or a neutral third party within the company, hoping that the company will address and correct the issues. A whistleblower can also bring allegations to light by communicating with external entities, such as the media, government, or law enforcement. Some countries legislate as to what constitutes a protected disclosure, and the permissible methods of presenting a disclosure. Whistleblowing can occur in the private sector or the public sector.
Jesselyn Radack is an American national security and human rights attorney known for her defense of whistleblowers, journalists, and hacktivists. She graduated from Brown University and Yale Law School and began her career as an Honors Program attorney at the U.S. Department of Justice.
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The National Security Whistleblowers Coalition (NSWBC), founded in 2004 by former FBI translator Sibel Edmonds in league with over 50 former and current United States government officials from more than a dozen agencies, is an independent, nonpartisan alliance of whistleblowers who have come forward to address weaknesses of US security agencies.
Mark S. Zaid is an American attorney, based in Washington, D.C., with a practice focused on national security law, freedom of speech constitutional claims, and government accountability.
Arthur Ernest "Ernie" Fitzgerald was an American engineer, a member of the Senior Executive Service in the United States Air Force, and a prominent U.S. government whistleblower.
Kohn, Kohn & Colapinto is a Washington, D.C.-based international whistleblower rights law firm specializing in anti-corruption and whistleblower law, representing whistleblowers who seek rewards, or who are facing employer retaliation, for reporting violations of the False Claims Act, Foreign Corrupt Practices Act, Dodd-Frank Wall Street Reform, Sarbanes-Oxley Acts, Commodity and Security Exchange Acts and the IRS Whistleblower law.
David Keith Colapinto is an attorney for Kohn, Kohn & Colapinto, a Washington, D.C., US, law firm specializing in employment law.
The Whistleblower Protection Act of 1989, 5 U.S.C. 2302(b)(8)-(9), Pub.L. 101-12 as amended, is a United States federal law that protects federal whistleblowers who work for the government and report the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health and safety. A federal agency violates the Whistleblower Protection Act if agency authorities take retaliatory personnel action against any employee or applicant because of disclosure of information by that employee or applicant.
The Government Accountability Project (GAP) is a nonprofit whistleblower protection and advocacy organization in the United States. It was founded in 1977.
The National Whistleblower Center (NWC) is a nonprofit, nonpartisan, tax exempt, educational and advocacy organization based in Washington, D.C. It was founded in 1988 by the lawyers Kohn, Kohn & Colapinto, LLP. As of June 2021, Siri Nelson is the executive director. Since its founding, the center has worked on whistleblower cases relating to environmental protection, nuclear safety, government and corporate accountability, and wildlife crime.
Marsha Coleman-Adebayo is an American former senior policy analyst for the United States Environmental Protection Agency (EPA). Beginning in 1996, she filed complaints alleging that a company from the United States was mining vanadium in South Africa and harming the environment and human health. The EPA did not respond, and Coleman-Adebayo reported her concerns to other organizations. When the EPA subsequently did not promote Coleman-Adebayo at her request, she filed suit against the agency, alleging racial and gender discrimination. On August 18, 2000, a federal jury found EPA guilty of violating the civil rights of Coleman-Adebayo on the basis of race, sex, color and a hostile work environment, under the Civil Rights Act of 1964. Her experience inspired passage of the Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002.
Stephen Martin Kohn is an attorney for Kohn, Kohn & Colapinto, a Washington, D.C., law firm specializing in employment law. The author of the first legal treatise on whistleblowing, Kohn is recognized as one of the top experts in whistleblower protection law. He also has written on the subject of political prisoners and the history of the abrogation of the rights of political protestors.
Michael D. Kohn is a founding partner of the Washington, D.C., law firm Kohn, Kohn & Colapinto, where he specializes in whistleblower protection law.
The Federal Accountability Initiative for Reform (FAIR) was a Canadian public interest organization and registered charity whose purpose was to support legislation and management practices that protect whistleblowers.
Thad McIntosh Guyer is an American civil rights and whistleblower lawyer, lecturer and advisor with an international law practice based in Oregon. He is known for defending whistleblowers in retaliation cases at large institutions including the United Nations, World Bank, International Labour Organization and African Development Bank.
Daniel P. Meyer is an attorney admitted in the District of Columbia and is currently the Managing Partner of the Washington D.C. Office of Tully Rinckey, PLLC, an international law firm headquartered at Albany, New York, and co-founded by Mathew Tully and Greg Rinckey.
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War on Whistleblowers: Free Press and the National Security State is a 66-minute documentary by Robert Greenwald and Brave New Foundation, released in 2013.
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